Part I of this Note explains the relevant law governing In re NCAA Student-Athlete Name & Likeness Licensing Litigation, followed by a summary of the factual and procedural history of the case. Additionally, Part I summarizes how the majority opinion of the Ninth Circuit followed case precedent to apply the five-factor “transformative use” test. Part II explains the dissenting opinion and argues why it should have been the opinion adopted by the court. Additionally, Part II asserts that the majority decision hampers free speech in sports entertainment and places an unnecessary cap on creativity.
In re NCAA Student-Athlete Name & Likeness Licensing Litigation: How Free Speech Lost a Key Battle in the War For Creativity, 46 Golden Gate U. L. Rev. 7